S T A T E   O F   N E W   Y O R K
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                                 5599--A
    Cal. No. 952

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 18, 2015
                               ___________

Introduced by Sens. NOZZOLIO, AVELLA, GALLIVAN -- read twice and ordered
  printed, and when printed to be committed to the Committee on Codes --
  reported  favorably  from  said committee, ordered to first and second
  report, ordered to a third reading,  amended  and  ordered  reprinted,
  retaining its place in the order of third reading

AN  ACT to amend the penal law, in relation to aggravated assault upon a
  police officer

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 120.11 of the penal law, as amended by chapter 283
of the laws of 1993, is amended to read as follows:
S 120.11 Aggravated assault upon a police officer or a peace officer  IN
           THE FIRST DEGREE.
  1. A person is guilty of aggravated assault upon a police officer or a
peace  officer  IN  THE  FIRST DEGREE when, with intent to cause serious
physical injury to a person whom he OR SHE knows  or  reasonably  should
know  to be a police officer or a peace officer engaged in the course of
performing his OR HER official duties, he OR SHE causes such  injury  by
means of a deadly weapon or dangerous instrument; OR
  2. A PERSON IS GUILTY OF AGGRAVATED ASSAULT UPON A POLICE OFFICER OR A
PEACE  OFFICER  IN  THE  FIRST DEGREE WHEN, WITH INTENT TO CAUSE SERIOUS
PHYSICAL INJURY TO A PERSON WHOM  HE OR SHE KNOWS OR  REASONABLY  SHOULD
KNOW  TO BE A POLICE OFFICER OR A PEACE OFFICER ENGAGED IN THE COURSE OF
PERFORMING HIS OR HER OFFICIAL DUTIES, AND WHEN SUCH PERSON IS AIDED  BY
ONE  OR  MORE OTHER PERSONS ACTUALLY PRESENT, AT AN ASSEMBLY IN A PUBLIC
PLACE AS DEFINED BY ARTICLE TWO HUNDRED FORTY OF THIS PART,  HE  OR  SHE
CAUSES SERIOUS PHYSICAL INJURY TO SUCH POLICE OFFICER OR PEACE OFFICER.
  Aggravated assault upon a police officer or a peace officer is a class
B felony.
  S 2. The penal law is amended by adding a new section 120.11-a to read
as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD11144-02-5

S. 5599--A                          2

S 120.11-A AGGRAVATED  ASSAULT  UPON A POLICE OFFICER OR A PEACE OFFICER
             IN THE SECOND DEGREE.
  A  PERSON  IS  GUILTY OF AGGRAVATED ASSAULT UPON A POLICE OFFICER OR A
PEACE OFFICER IN THE SECOND DEGREE WHEN, WITH INTENT TO  CAUSE  PHYSICAL
INJURY  TO A PERSON WHOM HE OR SHE KNOWS OR REASONABLY SHOULD KNOW TO BE
A POLICE OFFICER OR A PEACE OFFICER ENGAGED IN THE COURSE OF  PERFORMING
HIS OR HER OFFICIAL DUTIES, AND WHEN SUCH PERSON IS AIDED BY ONE OR MORE
OTHER  PERSONS  ACTUALLY  PRESENT,  AT  AN ASSEMBLY IN A PUBLIC PLACE AS
DEFINED BY ARTICLE TWO HUNDRED FORTY OF THIS  PART,  HE  OR  SHE  CAUSES
PHYSICAL INJURY TO SUCH POLICE OFFICER OR PEACE OFFICER.
  AGGRAVATED  ASSAULT  UPON  A  POLICE OFFICER OR A PEACE OFFICER IN THE
SECOND DEGREE IS A CLASS C FELONY.
  S 3. Paragraph (b) of subdivision 1 of section 70.02 of the penal law,
as amended by chapter 1 of the laws of  2013,  is  amended  to  read  as
follows:
  (b)  Class  C violent felony offenses: an attempt to commit any of the
class B felonies set forth in paragraph (a) of this subdivision;  AGGRA-
VATED  ASSAULT  UPON  A  POLICE OFFICER OR A PEACE OFFICER IN THE SECOND
DEGREE AS DEFINED IN SECTION 120.11-A, aggravated  criminally  negligent
homicide  as  defined  in section 125.11, aggravated manslaughter in the
second degree as defined in section 125.21, aggravated sexual  abuse  in
the second degree as defined in section 130.67, assault on a peace offi-
cer,  police officer, fireman or emergency medical services professional
as defined in section 120.08, assault on a judge as defined  in  section
120.09,  gang assault in the second degree as defined in section 120.06,
strangulation in the first degree as defined in section 121.13, burglary
in the second degree as defined in section 140.25, robbery in the second
degree as defined in section 160.10, criminal possession of a weapon  in
the  second  degree  as  defined  in  section  265.03, criminal use of a
firearm in the second degree as defined in section 265.08, criminal sale
of a firearm in the second degree as defined in section 265.12, criminal
sale of a firearm with the aid of a minor as defined in section  265.14,
aggravated criminal possession of a weapon as defined in section 265.19,
soliciting  or  providing  support  for an act of terrorism in the first
degree as defined in section 490.15, hindering prosecution of  terrorism
in  the  second  degree  as  defined  in  section  490.30,  and criminal
possession of a chemical weapon or biological weapon in the third degree
as defined in section 490.37.
  S 4. This act shall take effect on the ninetieth day  after  it  shall
have become a law.